Facts
Russian national and former Minister of Atomic Energy, Evgeny Adamov, was arrested on 2 May 2005 in Bern and placed in provisional extradition custody. The USA and the Russian Federation have requested his extradition. The Federal Office of Justice (FOJ) has approved the extradition to the USA, while the Federal Court had to examine the priority of the Russian request.
Evgeny Adamov was accused of embezzling funds intended for the Russian state as Director of the Russian research institute NIKIET and as Russian Minister of Atomic Energy. The USA accuses him of using these funds for personal purposes.
The FOJ has approved the extradition to the USA, while Evgeny Adamov has requested the reversal of this decision and his extradition to Russia.
Considerations
1. Admissibility of Extradition to the USA
The Federal Court has to examine whether the extradition to the USA is admissible. Switzerland and the USA have concluded an extradition treaty that regulates the conditions and requirements of extradition. Extradition is only admissible if the offense is punishable in both countries.
2. Dual Criminality
The Federal Court has to examine whether the offense with which the accused is charged is also punishable under Swiss law. The breach of trust of a foreign official to the detriment of a foreign state is not independently punishable in Switzerland.
3. Priority of…